Schlimgen v. MAY TRUCKING COMPANY

In this wrongful death action, defendant contends that the trial court erred by giving a verdict-urging instruction after the presiding juror had informed the court that the jury was deadlocked. The Court of Appeals reversed on the ground that the instruction was coercive. Schlimgen v. May Trucking Co., 178 Or App 397, 410, 37 P3d 1005 (2001). For the reasons that follow, we reverse the decision of the Court of Appeals and remand the case to that court for further consideration.

Plaintiff is the personal representative of Michael Schlimgen, who was killed in an accident near an on-ramp to…